Section Jus 19.11 - Compliance and sanctions(1) ENROLLMENT. The court, department of corrections, or district attorney's office shall inform the agency when a participant is ordered to participate in the program as a pretrial or postconviction condition, or agrees to participate in the program under a deferred prosecution agreement. A new participant shall contact the agency, within a time specified by the court, department of corrections, or district attorney, to enroll in the program. Enrollment commences when the participant signs the participation agreement and consent form as provided in s. Jus 19.04(1) to (3). If the participant fails to enroll, the agency shall notify the court, the department of corrections, or the district attorney, according to whether program participation is a pretrial, postconviction, or deferred prosecution condition. A court may issue a bench warrant directing law enforcement to take the participant into custody and ordering the participant to appear before the court. Volunteers may enroll by contacting a testing site.(2) FAILING A TEST. (a) A test that reveals the presence of alcohol or a controlled substance is a violation of the participation agreement and shall result in a sanction.(b) If a test reveals the presence of alcohol or a controlled substance, the agency may conduct a confirmation test.(c) If a test reveals the presence of alcohol or a controlled substance, the agency may take the participant into custody for a violation of the participation agreement.(d) According to whether program participation is a pretrial, postconviction, or deferred prosecution condition, the agency shall immediately notify the court, the department of corrections, or the district attorney that the participant has violated the participation agreement by failing a test.(3) MISSING OR BEING LATE FOR A TEST. (a) Missing a test at a designated time at the designated testing site without the agency's approval is a violation of the participation agreement and may result in a sanction. The agency may consider a participant who is late for on-site testing in violation of the participation agreement and may impose a sanction.(b) If a participant fails to appear for a scheduled test, the agency shall immediately notify the court, the department of corrections, or the district attorney, according to whether program participation is a pretrial, postconviction, or deferred prosecution condition. A court may issue a bench warrant directing law enforcement to take the participant into custody and ordering the participant to appear before the court.(c) Unless prior arrangements have been made between the participant and the agency, a test at a nondesignated testing site is a violation of the participation agreement.(d) At the discretion of the agency, a participant who must travel outside the area of the designated testing site may be tested at an alternative location with advance written approval from the agency.(e) The agency may excuse a participant from a scheduled test based upon exigent circumstances, including inclement weather, emergency, or documented health problems.(f) The agency shall record in the data collection system a participant's failure to appear for a test or a participant's excused absence from a test.(4) TAMPERING WITH A TEST. (a) The agency shall impose a sanction on a participant who tampers with a test.(b) A participant who damages any equipment in the course of tampering with a test shall reimburse the agency for the cost of the damaged equipment.(c) The agency shall record the tampering as a violation of the participation agreement in the data collection system.(5) STANDING ORDER. A court may issue a standing order establishing procedures for taking into custody participants who have violated a participation agreement in any way, including using alcohol or any controlled substance, failing a test, missing a test, being late for on-site testing, or tampering with a test.Wis. Admin. Code Department of Justice Jus 19.11
Adopted by, EmR1805: emerg cr., eff. 2-6-18; CR 18-068: cr. Register April 2019 No. 760, eff. 5-1-19; correction in (1) made under s. 35.17, Stats., Register April 2019 No. 760, eff. 5/1/2019